The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have the intention to murder with the misunderstanding of facts.

B. The Defendant, at the time of committing the instant crime, has a mental and physical loss or mental weakness due to symptoms of damage, and thus, should be mitigated or exempted from punishment.

C. The punishment sentenced by the court below to the defendant (the imprisonment of 3 years and 6 months) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of mistake of fact is based on the evidence duly adopted and investigated, i.e., the following circumstances acknowledged by the lower court, i., ① the victim’s “I am dyphere to the Defendant.”

In full view of the fact that “A self-employed knife knife on the knife,” the Defendant knife knife on the knife, and the Defendant stated to the effect that “Afnife knife knife,” and the Defendant also stated to the effect that “Afnife knife knife knife” in the police investigation, the Defendant also stated to the effect that “Afnife knife knife knife knife knife knife kn

Therefore, the defendant's assertion of facts is without merit.

B. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mental and physical disorder: (a) in light of the background and method of the instant crime; (b) the Defendant’s motive and method of committing the instant crime at the investigative agency; (c) the Defendant’s act before and after the instant crime; and (d) the Defendant’s attitude to make a statement to the investigative agency, etc., were deemed to have lost or weak the ability to discern things at the time of the instant crime; and (d) the Defendant’s ability to discern or decide

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

(c)

The argument of sentencing is unfair.